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FSU Law Focus - 05/31/2024
Full text linkFrom the Dean: Instituteof Law, Technology & Innovation Webinars; Faculty Profile: Alexander Tsesis; Alumni Profile: Roary Snider (\u2710); Celebrating 2024 Grad Zachary Kleinhttps://ir.law.fsu.edu/fsu-law-focus/1373/thumbnail.jp
FSU Law Focus - 11/01/2024
Full text linkFrom the Dean: Fall 2024 Distinguished Environmental Lecture (Gerald Torres, Environmental Justice: Environmental Joy ); Virtual Blockchain & Digital Assets Conference; Annual Claude Pepper Elder Law Moot Court Competition; Alumni in the News: Leron Rogers (\u2799); Alumni in the News: Janet Varnell (\u2795); 3L Student Profile: Nate Lazorhttps://ir.law.fsu.edu/fsu-law-focus/1374/thumbnail.jp
FSU Law Focus - 11/15/2024
Full text linkFrom the Dean: Moot Court Final Four Competition; FSU Law Clinic Hosts Elder Law Competition; Student News: Trial Team Makes it to Final Round at Georgetown; Alumni in the News: Matthew Gordon; Alumni Feature: Constance “CeCe” Phelan; Student Profile: 3L Zachary Roperhttps://ir.law.fsu.edu/fsu-law-focus/1376/thumbnail.jp
FSU Law Focus - 11/22/2024
Full text linkFrom the Dean: Fifteenth Annual Constitutional Law Colloquium; Professor Charles Ehrhart Honored With Lifetime Achievement Award; FSU Law in the News: Election Law Program; Book Talks in Governance Ethics & Technology; Alumni in the News: Erika Barger (\u2713)https://ir.law.fsu.edu/fsu-law-focus/1377/thumbnail.jp
State Drug Laws
Full text linkStates have long enacted drug laws that depart from federal laws and regulations. In the early twentieth century, several states prohibited marijuana while it remained federally unregulated. In the 1960s, states started criminalizing psychedelic substances. Shortly thereafter, in the early 1970s, they started reversing the trend to criminalize drugs by reducing or eliminating criminal penalties associated with personal marijuana use. State-level decriminalization accelerated in the 1990s and 2000s.
More recently, states have extended drug policy reforms to other substances, including psychedelics, stimulants, and opioids. Some states have eliminated criminal penalties while others have replaced criminal penalties with fines or diversion to drug treatment programs and other support services. Some have funded clinical trials or policy research. Others have legalized facilities where people can consume federally controlled substances socially or with support from medical professionals. Meanwhile, many states have shifted away from decriminalizing federally illegal drugs to regulating their manufacture, testing, distribution, and sale.
This Essay provides a typology of state drug laws comprising thirteen categories, including decriminalization, recriminalization, adult use, supported adult use, medical use, supported medical use, religious use, social consumption, safe consumption, clinical research, policy analysis, trigger laws, and food and agricultural laws. Several states have enacted hybrid legislation that blends features from different categories. A higher-level categorization can also be imposed onto the typology, dividing the categories into three broader groups, including laws regarding independent drug use, supervised drug use, and drug policy or procedure
The Death of the Evolving Standards of Decency
Full text linkThe Eighth Amendment Punishments Clause is in jeopardy. The con-stitutionality of punishments is usually judged according to the “evolv-ing standards of decency that mark the progress of a maturing socie-ty.” And in evaluating these standards, the Court has traditionally looked to changing societal views on punishment. This is a living con-stitution approach to interpretation, and the Eighth Amendment is the only area of law in which the Court has consistently and explicitly ap-plied such an approach. But a living constitution approach is diamet-rically opposed to the current Court’s focus on originalism. This is the first originalist Court in history, and the Court has not been shy about wielding its originalist wand. Further, the current Court is quite will-ing to set aside decades worth of entrenched precedent, as it did in Dobbs—its recent abortion decision. The Court’s originalist approach, paired with its disrespect for precedent, puts the Eighth Amendment living constitution approach examining the evolving standards of de-cency on very shaky ground. Even though the Court has long adhered to this test, a willingness to set aside precedent and put an originalist approach in its place seems to be in the works. Such a turn toward originalism would push us back to the barbaric punishments availa-ble at the time of the Founding and reverse current Eighth Amend-ment bans that prevent states from executing juveniles and intellectu-ally disabled people. Such a death of the evolving standards of decency would also render the Eighth Amendment a dead letter
An Information Theory of Intentional Trademark Infringement
Full text linkCritiques of the intent inquiry in trademark likelihood of confusion cases are somewhat misguided in light of theories about how information is transmitted in communication systems. Properly calibrated legal systems can incentivize better information flow and appropriate behavior by commercial actors using information forcing default rules. This Article considers trademark law\u27s information transmission function in light of legal theories about the efficiencies captured through information forcing rules, as well as Claude Shannon\u27s information theory, which provides a model for information transmission and important insights for how to optimize the signal-to-noise ratio in the commercial market. Defendants who run afoul of the bad faith inquiry are frequently engaging in behavior that increases consumer confusing interference in the market, reducing consumers\u27 ability to receive sufficiently clear signals about the goods and services they would prefer to purchase. Courts should thus continue to consider bad faith in trademark litigation, with some modest adjustment. Courts should also credit evidence of the newcomer\u27s good faith in selecting its trademark
FSU Law Focus - 10/25/2024
Full text linkFrom the Dean: Lillich Lecture - Professor Nuno Garoupa, Comparative Judicial Activism: Conceptual and Measurement Challenges ; FSU Law Trial Team Wins National Competition; Faculty in the News: Michael T. Morley; Reminder: The 2024 Alumni Awards Ceremonyhttps://ir.law.fsu.edu/fsu-law-focus/1381/thumbnail.jp
FSU Law Focus - 10/18/2024
Full text linkFrom the Dean: Election Law Conference, Bush v. Gore 25th Anniversary; The Institute of Law, Technology & Innovation Announces Fall Frontiers in Law & Technology Webinars; 3L Student Profile: Jenil Patelhttps://ir.law.fsu.edu/fsu-law-focus/1380/thumbnail.jp
FSU Law Focus - 09/20/2024
Full text linkFrom the Dean: The 2024 Alumni Awards; It\u27s Almost Fall Fundathon Time!; Student Profile: 3L Tara Bagherleehttps://ir.law.fsu.edu/fsu-law-focus/1384/thumbnail.jp